Page No.# 1/3 GAHC010003652026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/81/2026 UTPAL DEKA S/O SRI CHANDIRAM DEKA R/O VILL- NAOJAAN ADARSHA GAON, P.S. SARUPATHAR DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PAHI DAS @ JUNMONI D/O ANIL DAS R/O VILL- DIPORA DANI (DIPORA PUKHURI)GAON P.S. GOHPUR DIST. BISWANATH ASSA Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR. W RAHMAN(R2),MR. K KALITA(R2) BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 23-03-2026 Heard Mr. A. Ahmed, learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Ms. S.H. Bora, learned Addl. Public Prosecutor appearing for the State of Assam and Mr. K. Kalita, learned counsel appearing for the respondent No. 2. The learned counsel for the respondent No. 2 has submitted that the petitioner is now married. The learned counsel has submitted that the petitioner did not receive any summons from the learned Trial Court and by an order dated 03.05.2025, NBWA were issued against the accused for the first time. The learned counsel has submitted that the petitioner desires to participate in the trial proceedings and there is no question of his absconding. However, since he never received a proper summons from the court, he was unable to be present on 03.05.2025. The scanned copy of the Trial Court record has been perused and it does not contain the summons which was deemed to be served. Further, it appears that without resorting to issuing bailable warrant of arrest, the learned Trial Court had resorted to issuing NBWA in the first instance of absence. In view of the above, this court is of the opinion that the petitioner can be allowed the opportunity to appear before the learned Trial Court on or before 6th April, 2026 to participate in the trial. In the meantime, it is provided that if the petitioner is arrested, the petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one surety of the like amount subject to the satisfaction of the Arresting Authority. This privilege of bail shall automatically lapse in the event the petitioner does not appear before the Ld Trial Court on or before 6.4.2026 It is provided that the petitioner shall hereinafter participate in the trial without fail and in the event the trial court forms an opinion that the petitioner is trying to Page No.# 3/3 evade trial, he shall be at liberty to recall the bail and cancel the bail provided for today. Bail Application accordingly stands disposed of. JUDGE Comparing Assistant